While most litigation, be it civil or criminal, results in settlements of some kind, there are still numerous instances in which a case goes to trial, and either or both parties are dissatisfied with the result. In these situations, the most typical solution is to appeal to a higher court. In North Carolina, there are two levels of appellate courts: the Court of Appeals and the Supreme Court.
Keep in mind that not every case can be appealed, and just because a party is unhappy with a result does not mean that the case is appealable. At The Olsinski Law Firm, we exhaust every option on behalf of our clients. Learn more about the appeals process in criminal or civil cases below. Then, contact us to discuss your options.
Our firm understands that civil and criminal cases can end with disappointing verdicts, prompting you to consider appealing. We examine the trial record thoroughly, from the judge’s instructions to the evidence presented in court. Our experienced appellate attorneys study legal precedents in North and South Carolina, as well as across the country, to see which arguments might benefit you the most.
We also speak openly with you about timelines, potential costs, and any roadblocks so you always know where your case stands. Many clients feel overwhelmed after a trial court issues a ruling against them. Our job as appellate lawyers is to reduce your stress by preparing well-researched briefs and focusing on the specific legal issues that matter.
We file the relevant documents in state or federal appellate courts on time, using your trial transcript to identify and highlight errors. Our approach blends legal insight with a commitment to clear communication, so you can trust us to pursue every opportunity for a better outcome.
In criminal cases, typically, only a defendant may appeal because of the safeguards allowed by the 5th Amendment's “double jeopardy” clause, which prohibits trying a person twice for the same offense. If a defendant is acquitted (found not guilty), the government is bound by that decision and cannot retry that person for that same offense.
In civil cases, either party may appeal a decision or verdict to a higher court.
You must pinpoint specific mistakes made by the trial court’s decision before you can move forward. Below are some common bases that might allow you to challenge a verdict:
Each bullet highlights a potential avenue for challenging an adverse outcome. By exploring these arguments and their supporting facts, we aim to persuade a higher court that a redo or modified result is warranted.
In both civil and criminal cases, usually, parties must wait until a case is concluded before appealing a court's decision. Typically, an appeal first must go to an appellate court, be it the North Carolina Court of Appeals for state cases or the 4th Circuit Court of Appeals for North Carolina federal cases, for a ruling on issues before an appeal makes its way to the highest court, which is the North Carolina Supreme Court for state cases or the United States Supreme Court for federal cases.
If a party intends to appeal, there are very strict rules detailing the time frame in which each step must take place, as well as the specific format in which documents must be prepared. The first step in any case, though, is to enter a Notice of Appeal.
After this, a trial transcript must be prepared by the court reporter, the record on appeal must be settled by the parties, and briefs must be written in which the party claiming error (the appellant) sets their basis for the appeal and the party opposing the appeal (the appellee) argues against the appeal.
Occasionally, an appellate court may request oral arguments, in which case attorneys for each side appear in person before the court to present their arguments and answer any questions the panel of judges poses.
The Rules of Civil Procedure govern civil trials, and it is these rules that provide, under limited circumstances, relief from a judgment. These types of proceedings fall outside the realm of direct appeals as they are considered by the trial court, not the Court of Appeals.
Depending on the circumstances of a case, the type of relief offered by these rules includes modifying the judgment or granting a new trial altogether.
The Rules of Criminal Procedure govern criminal cases, and these rules provide for the most common form of post-conviction relief, known as a Motion for Appropriate Relief. The rules are very specific as to the situations in which a court can consider a Motion for Appropriate Relief. If granted, the court could, among other options, dismiss a defendant's charges or grant a new trial.
An additional option available in criminal cases is a petition for a writ of habeas corpus. This procedure is used when a defendant has been convicted in state court and has exhausted all of his direct appeal rights. This petition must allege that the conviction was obtained in violation of his or her federal constitutional rights and is filed in federal courts to determine the validity of the allegation.
If you have been through the ordeal of a trial and did not obtain the desired outcome, your fight does not have to end there.
Appellate courts review the record from your lower-court proceeding, along with written briefs and possibly oral arguments. They check for legal errors or flawed procedures that could have led to an unfair ruling.
If the Court of Appeals or the Fourth Circuit Court finds grounds for reversal, it may send the case back to the trial court or direct an outright change in judgment. A successful appeal can drastically alter the path of your litigation or criminal cases.
When the North Carolina Supreme Court or another Supreme Court gets involved, you face another layer of scrutiny. These higher courts can affirm, reverse, or modify the trial court’s decision.
Some disputes might even escalate to the United States Supreme Court, though this step is rare and usually involves significant constitutional questions. From start to finish, we guide you through these stages and remain prepared to take your case as far as needed.
No. You must show specific legal or procedural errors that considerably harmed your position. Simply losing is not enough to guarantee a successful appeal.
Timelines vary, but appeals often last several months to a year or more. Courts must read the briefs, possibly hold oral arguments and then issue a written opinion.
State and federal rules have strict deadlines for filing notices of appeal. If you miss these deadlines, you typically lose the right to challenge the ruling.
Usually, appellate courts only review what was presented at trial. You must show exceptional reasons, such as newly discovered evidence, to justify adding information.
No. An appeal focuses on legal errors within the existing record. A higher court (like state appellate courts and appellate judges) seldom hears fresh testimony or reweighs factual disputes.
We know how frustrating it is to believe the court overlooked relevant details in your case. At The Olsinski Law Firm, our team wants to help you find the best path forward through strategic briefing and compelling arguments. We encourage you to contact us right away if you think an appeal might be possible. Call now for a consultation, and let us evaluate your chances for a more favorable result.
